STATE Vs. SHANKAR PRASAD

JUDGEMENT

(1.) Between 11 P.M. and the daybreak on the night between the 16th and 17th August 1950, one Bhagwan Das Kalwar aged about 50 years, was murdered by strangulation in a room in the upper storey of Onkar Nath Dharamshala situated in Mohalla Naka Muzaffra in the city of Faizabad. The murder remained unnoticed upto about 10 A.M. in the morning when Smt. Mulha, the wife of Debi Prasad, informed Bhagwan Din, Pujari of the Dharamshala that one of the backdoors of one of the rooms in the occupation of Bhagwan Das was open. Mahadeo, a relative of Bhagwan Das was sent for, and then a party went into the room on the upper storey where Bhagwan Das was found lying dead on the floor. Constable Barkhurdar happened to reach there. He communicated this news to Mahamudul Hasan, Head Constable, who visited the scene and at 1 P.M. he lodged a report at the Kotwali, Faizabad. The report runs as follows:

(2.) Four persons viz., Shambu Nath, Shankar, Sheo Bahadur and Raghunath were sent up by the police for the charge under Section 302 read with Section 34, I. P. C. Learned Sessions Judge acquitted Shambu Nath and Sheo Bahadur and convicted Shankar and Raghunath under Section 302 and sentenced them to death. They prefer this appeal and there is also a reference by the learned Sessions Judge for the confirmation of the death sentence.

(3.) The case rests upon circumstantial evidence and bristles with difficulties. The learned Sessions Judge has based his judgment upon the following facts determined by him: